 Many courts rely on the following definition: [A] contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete the performance would constitute a material breach...  Copyright Reform Act of 1993: Hearings Before the Subcommittee on ... - 590. lappuseautors: United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration - 1993 - 656 lapasPilnskats - Par šo grāmatu
 | A. C. Kiss, Lammers - 1996 - 250 lapas
...Bankruptcy Code, but many courts adopted the so-called "Countryman definition", according to which an executory contract is "a contract under which the obligations of both the [debtor] and the other party are so far unperformed that the failure of either to complete performance... | |
 | Kevin L. Lybeck, H. Bruce Shreves - 1998 - 424 lapas
...NEWS 5787, 5844. Many courts rely on the following definition: [A] contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete the performance would constitute a material breach excusing... | |
 | Richard A. Rosen - 2000 - 2486 lapas
...appreciation of the policies behind § 365. Thus, the Third Circuit has adopted the Countryman test ("[An executory contract] is a contract under which...other party to the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing "in... | |
 | Edward Graham Gallagher - 2000 - 572 lapas
...NEWS 5787, 5844. Many courts rely on the following definition: [A] contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete the performance would constitute a material breach excusing... | |
 | Lawrence R. Moelmann - 1999 - 370 lapas
...NEWS 5787, 5844. Many courts rely on the following definition: [A] contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete the performance would constitute a material breach excusing... | |
 | Thomas H. Jackson - 2001 - 304 lapas
...for purposes of bankruptcy was that given by Vern Countryman: "a contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the... | |
 | Jeffrey D. Mamorsky - 1380 lapas
...Countryman, iaccording to which an executory contract is: "[a] contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the... | |
 | Deborah S. Griffin, Doreen Spadorcia - 2003 - 94 lapas
...(Bankr. SD Fla. 1990), affa, 972 F.2d 328 (11th Cir. 1992). 65. A contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that the failure of either to complete the performance would constitute a material breach excusing... | |
 | Michael A. Epstein, Frank L. Politano - 2002 - 1044 lapas
..."executory contract," the most frequently used definition is: a contract under which the obligation of both the bankrupt and the other party to the contract are so far unperformed that failure of either to complete performance would constitute a material breach excusing the performance... | |
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